Back
2017 Supreme(All) 2000
IN THE HIGH COURT OF ALLAHABAD
Bharat Bhushan, Prabhat Chandra Tripathi, JJ.
Rakesh Singh @ Kallu - Appellant
Vs.
State of Uttar Pradesh - Respondent
Criminal Appeal No. 2836 of 2013
Decided On : 14-06-2017
For the Appellant :Smt. Usha Srivastava, Lal Chandra Mishra, Kamta Prasad M.P. Yadav, Satya Narain Dubey, Satyendra Kumar Srivastav, Advocates
For the Respondent:Govt. Advocate
The judgment establishes the principle that the right of private defence must be examined in the light of evidence available on record, and that the evidence of eye-witnesses, even close relatives, can sustain a conviction.
Headnote:
Right of Private Defence - Criminal Law - Indian Penal Code, Section 302, 307, 427, and Arms Act, Section 30 - The judgment discusses the application of the right of private defence under Section 100 of the Indian Penal Code in a case involving charges under Sections 302, 307, 427 of the IPC and Section 30 of the Arms Act.
Fact of the Case:
The appellant was convicted under Sections 302, 307, 427 of the IPC and Section 30 of the Arms Act for shooting and killing the victim. The incident occurred when the victim refused to give the accused a ride, leading to a confrontation and the accused firing at the victim, resulting in his death.
Finding of the Court:
The court found the accused guilty of murder and dismissed the plea of self-defence, noting that the incident took place in broad daylight with public witnesses present. The court emphasized that the evidence adduced was sufficient to sustain the conviction and that the plea of self-defence was baseless and false.
Issues: The issues included the prompt lodging of the First Information Report, the credibility of the witnesses, and the plea of self-defence raised by the accused.
Ratio Decidendi: The court held that the evidence of eye-witnesses, including close relatives, was sufficient to sustain the conviction, and minor discrepancies would not affect the prosecution case. The court also emphasized that the plea of self-defence was baseless and false.
Final Decision: The appeal was found to be devoid of merit and was dismissed on the grounds that the accused was guilty of murder.
Prabhat Chandra Tripathi, J.
1. We have heard Sri Satya Narain Dubey, learned counsel for the sole appellant-Rakesh Singh alias Kallu and Ms. Usha Kiran, learned A.G.A. for the State-respondent.
2. This criminal appeal has been preferred by the sole appellant-Rakesh Singh alias Kallu against the judgment and order of the then learned Additional Sessions Judge, Court Number I, Banda dated 01.05.2013 in Sessions Trial No. 22 of 2011, arising out of Case Crime No. 190 of 2010, under Sections 302, 307, 427 I.P.C. and Section 30 Arms Act, Police Station Pailani, District Banda convicting the appellant-Rakesh Singh alias Kallu under Sections 302, 307, 427 I.P.C. and Section 30 Arms Act. Under Section 302 I.P.C. sentencing him to undergo for life imprisonment and also imposed fine of Rs. 5000/-, under Section 307 I.P.C. sentencing him to undergo imprisonment for ten years and also imposed fine of Rs. 3000/- and under Section 427 I.P.C. sentencing him to undergo imprisonment for one year and under Section 30 Arms Act sentencing him to undergo imprisonment for three months. In case of default of payment of fine, six months imprisonment was awarded. All the sentences would run concurrently.
3. The written F.I.R. in Hindi Vernacular is enumerated as below:-
"The applicant-Jagdish Singh son of late Ayodhya Singh, resident of village Khaptiha Kalan, Police Station Pailani, District Banda moved a written First Information Report dated 12.12.2010 before the Station Officer, Police Station Pailani, District Banda on 12.12.2010 at 15:15 hours that his son Sandeep alias Puniya aged about 35 years was driving the vehicle of Sriram Babu Dwivedi son of Chunuvad Brahmin of the same village on rent since last one month. Govind aged about 14 years, who was grandson of the applicant had accompanied Sandeep in the vehicle since last three days. That day, on date 12.12.2010, his son Sandeep was near Alona trisection of village Khaptiha Kalan with his vehicle. At that time, Rakesh Singh alias Kallu son of Bhola Thakur wielding 0.315 bore Rifle in his hand asked Sandeep to drop him at Bhulsi, which son of the applicant refused. At this the aforementioned Rakesh Singh alias Kallu started abusing, when he was prevented to do so Rakesh Singh alias Kallu son of Bhola Thakur with intention to kill Sandeep fired at him which hit in his head. Hearing the sound of the fire, the persons present in the Bazar gathered at the place of occurrence then at that time, Rakesh Singh alias Kallu attempted to flee from the scene. When people chased to catch him then with intention to kill, he fired two shots at public also;, but Raju Singh son of Ram Vishal Singh and Gorey Singh son of late Ayodhya Singh and Pradeep Singh elder son of the applicant and grandson of the applicant Govind and others caught hold of Rakesh Singh alias Kallu along with Rifle at the spot. This fact was narrated to the applicant by his son Pradeep and grandson Govind. This incident was of quarter past two in the day. His son died inside the vehicle on the spot. Vehicle bearing Registration No. U.P.78T-6773 was soaked in blood in a damaged condition on the spot and corpse of his son Sandeep was lying in a bend condition near the front seat. The applicant alongwith the help of all the aforementioned persons has taken Rakesh Singh alias Kallu alongwith 0.315 bore Rifle to the Police Station and prayed to lodge the report and action might be taken."
4. Upon written information of the informant, First Information Report was lodged in Case Crime No. 190 of 2010, under Sections 302, 427, 307 I.P.C. and Section 30 Arms Act at Police Station Pailani, District Banda against the named accused person Rakesh Singh alias Kallu son of Bhola Thakur, resident of Bhulsi, Police Station Sisolar, District Hamirpur.
5. The prosecution has produced the following documentary evidence:-
"(i) Written F.I.R. (Exhibit Ka-1), (ii) Post Mortem Report of Sandeep alias Puniya (Exhibit Ka-2), (iii) Site Plan (Exhibit Ka-3), (iv)
